Opinion
April 2, 1998
Petitioner, a State prison inmate, was found guilty of the unauthorized use of a controlled substance in violation of prison disciplinary rules after his urine tested positive for the presence of cannabinoids. Although the positive test result, confirmed by a second test, is alone sufficient to constitute substantial evidence to support the determination (see, Matter of Lahey v. Kelly, 71 N.Y.2d 135, 143), petitioner attempts to challenge the finding of guilt by arguing, inter alia, that the proper testing procedures were not followed. We reject this contention, finding that the evidence sufficiently demonstrated that the drug testing was performed in accordance with applicable procedures and that the chain of custody was adequately established (see, 7 NYCRR 1020.4 [e]; see also, Matter of Symmonds v. Goord, 244 A.D.2d 737). We also find no error in the Hearing Officer's denial of petitioner's request to call a certain witness because such testimony was irrelevant to the charge (see, 7 NYCRR 254.5 [a]). Petitioner's remaining contentions have been examined and found to be without merit.
Mercure, J.P., Crew III, White, Peters and Spain, JJ., concur.
Adjudged that the determination is confirmed, without costs, and petition dismissed.